Plaintiff bidder, who challenged defendant county’s decision to award a jail healthcare contract to another bidder, is not entitled to additional relief after the county canceled the award and withdrew the bid proposal. The demurrer, filed by the county and ...

Tagged with: Contract Judge Charles N. Dorsey Roanoke Circuit Court Virginia Circuit Courts

Where a trustee accepted a $20,900 bid at a foreclosure sale for property assessed at $436,800, the debtor has stated a claim for breach of implied fiduciary duties arising from a deed of trust. The circuit court erred by characterizing ...

Tagged with: Contract Justice Cleo E. Powell Supreme Court of Virginia

The “Important Opinions” that appear each week on the front page of Virginia Lawyers Weekly are those chosen by our editors as the most likely to impact law practice or a given subject area of law. Below is a listing, ...

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Plaintiff’s home and its contents were completely destroyed by a house fire on June 15, 2017. He had purchased homeowners insurance from Windsor in 2014, including full replacement cost coverage. Plaintiff, who worked as a logger, submitted the claim to ...

Tagged with: Contract Franklin County Circuit Court Insurance Judge Clyde H Perdue Jr. Verdict

A holding company for a Madison County winery that defaulted on a commercial loan, and whose collateral was seized by the bank, could not assert the bank breached a contract because the company’s interpretation was contrary to the reasonable meaning ...

Tagged with: Contract Justice D. Arthur Kelsey Supreme Court of Virginia

Although the defendants eventually paid the amount required under the parties’ contract, the payment did not moot the lawsuit because defendants’ conduct potentially exposed the plaintiff to damages. And as there was a disputed issue of material fact over whether ...

Tagged with: Contract Judge John A. Gibney Jr. U.S. District Court - Eastern District

The assertions made in a breach of contract suit brought by a producer of firewood against a company that agreed to purchase its product did not give rise to claims for fraudulent inducement, quantum meruit and tortious interference. Background Cremium ...

Tagged with: Contract Judge Norman K. Moon U.S. District Court - Western District

A subcontractor cannot rely on a teaming agreement with a contractor as binding, as such agreements imply the parties intend to negotiate in the future. Background InDyne Inc. submitted a proposal to the Air Force in which it proposed Beacon ...

Tagged with: Contract Judge Leonie Brinkema U.S. District Court - Eastern District

A defendant is obligated to pay a settlement because a question raised by plaintiffs after they accepted the defendant’s offer was not a new term. Background On May 19, 2017, defendant’s former attorney, Jonathan S. Kurtin, sent a letter to ...

Tagged with: Contract Judge Charles N. Dorsey Roanoke Circuit Court Virginia Circuit Courts

Counterclaims brought by a former employee accused of misappropriating company funds are dismissed for insufficient facts and lack of evidence. Background Plaintiffs, a business corporation and its president, allege that defendant Teresa B. Barringer was a long-time company employee in ...

Tagged with: Contract Judge James P. Jones U.S. District Court - Western District